Then the Prosecutor Zeyad Al Malum mentioned the next petition concerning the long list of the defence witnesses and asked that it not be allowed. He has stated that there are 2939 defence witnesses named and that the same name of some witnesses had been mentioned several times. For a malicious political purpose the list has been created using the same names. In case the Tribunal grants such a long list of the defence witnesses in that case the Trial will take 3 and half years to be completed which will prevent an expeditious trial. The defence side has also not stated that there were no offences under Act- 3 of the ICT Act- 1973 and the defence list ought to be made by following the ICT Act and Rules.
Chairman has stated that mere political supporting is not a ground under the ICT Act to be condemned. However, he said that the list is too lengthy.
Then Tajul Islam has stated that I have the right to give alibi witnesses. The Prosecutor is stating that- “the victim families are looking forward for the justice for 41 years.” But who has stated that it is to be completed within 40 days? And then the Prosecutor has alleged that the same names of the defence witnesses have been produced several times. There might be the same names of several people - but several bundles of witnesses have been settled for several charges. This is the only Act in the world which requires the defence witness list to be given before the framing of the charge, whereas the normal system is that the DW is to be produced after the completion of the Prosecution witness. It is not obligatory that we will produce every one of the witnesses as we have produced. The charges involve the petitioner about several offences which has been committed all over the country, but the defence is now stating the defence witnesses could not be produced by providing a long list. What does it mean? There is an ill political motive of them. Whether the accused is connected or not - the evidence will show that. It is just like slaughtering a man by binding his hands and feet. They people with political ill motive is hoping to celebrate the next victory day on the coming December so they are in a hurry to conclude the case. Even the provision of the appeal within 60 days has been lessened to 30 days. We have not said that there was no offence in 1971, if there is any we will support justice. We have never observed such hurry in the Tribunal which is now ongoing since 2 weeks. Several print Medias are also publishing such sorts of news. We know the blue print behind this speed.
Justice Jahangir Hossain then stated that: We are the Court. We don’t want to be involved in any blue print. And as it is a court, we will expect that you will not hurt the court by your language. It is not necessary to look at the reports of the newspapers. But we are observing also. Sometimes they are publishing our names. As a common human nature sometime I feel glad to see my name on the newspaper. You all are getting enough scope in this Tribunal but Supreme Court is very strict you know that. You see you are talking for a longer time than the Prosecution about the matter.
Then Tajul Islam has asked whether the judges are sitting here to count the hours My Lord?
Then Justice Jahangir Hossain has stated that no, you should not use such harsh words. You are not supposed to hurt the Court.
Tajul Islam then said, I have not done that My Lord.
Justice Jahangir Hossain has stated, that he did.
Tajul Islam has stated you are becoming angry.
Justice Jahangir Hossain has stated- I am not becoming angry. I am not such a person.
Chairman has stated-in everywhere in the world you will get a timeframe.
Tajul Islam has stated- I am asking for the minimum time for the fair trial. He said that as the defence application is a mala fide one, the petition ought to be rejected. Zead Al Malum objected and read out the rule- 51 (A)(2) of the ICT Act- 1973. Then he has asked for the detail list of the Defence witness.
Chairman has stated that the order would be given the following day.
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